BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Bhola Singh has filed this appeal against the judgment dated 09.04.2003 passed by the Court of learned Addl. Sessions Judge-cum-Judge, Special Court, Barnala, vide which he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ) and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of ' 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.

(2.) Briefly, the facts of the case are that on 11.04.1999, a police party headed by Sub Inspector Nachhatar Singh alongwith other police officials was going from village Handiaya to village Khudi Kalan on a kachha path in connection with patrolling and search of suspects, on government vehicle. When the police party reached in the area of village Handiaya, accused-appellant Bhola Singh was noticed coming from the opposite side of the police party on foot carrying on plastic bag on his head. On seeing the police party, Bhola Singh turned and started going towards the left side. On noticing the suspicious nature in which the accused was behaving, he was stopped and checked and from his possession 10 kg. of poppy-husk was recovered. The police completed the formalities. The accused was also told that he can get himself searched in presence of a Gazetted Officer. A consent memo was also prepared. Formal charge under Section 15/61/85 of the Act was framed against the accused to which the accused pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution had examined PW2 Sub Inspector Nachhatar Singh, Investigating Officer of the case, who proved the fact that 10 kg. of poppy-husk was recovered from the possession of the accused. Other official witnesses were also examined who proved the seals, the recovery of the contraband and the offer of search etc.